Essential Problems Of The Voluntary Surrender System

Voluntary surrender system is one of the essential measurement of penalty systems in according lenient punishment formulated in the criminal law. In this article, the author intends to analyze some related issues about the voluntary surrender system. Beginning with the legislation evolution of the voluntary surrender system, the author gradually discusses and analyzes the legislation intent of the voluntary surrender system, the grounds of according lenient punishment to the voluntary surrender criminal suspect, the concept and nature of the voluntary surrender. Simultaneously, the author emphasizes on the forming conditions and judicial practice of the voluntary surrender, including the common voluntary surrender and the quasi-voluntary surrender.The author assists that it should pay more attention to the law nature and complex social contents in researching the legislation intention. The grounds the voluntary surrender criminal suspect having lighter punishment lie in two factors: less dangerous of human safety, less judicature cost.As for the concept of voluntary surrender, the author holds the "two factors" theory, for "surrender oneself to justice" and "confess truthfully" consist of the acceptance of adjudication and justice. The two forming factors of the common voluntary surrender are: "surrender oneself to justice" and "confess truthfully". It should assure accurately in assessing the related issues, such as the time, objection, object of surrender and suspicious looking. It should based on the facts in law in assuring the "confess truthfully" assessment criterion; The crime the crimer confessed should be limited in the actual facts in real world, and not including the natural condition of the subject.As for the quasi-voluntary surrender, the author intends to give an brand new "surrender oneself to justice". And the "other crimes" should include the same type of crime.